IR 05000335/1997001
| ML17229A546 | |
| Person / Time | |
|---|---|
| Site: | Saint Lucie  |
| Issue date: | 11/26/1997 |
| From: | Reyes L NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II) |
| To: | Plunkett T FLORIDA POWER & LIGHT CO. |
| References | |
| 50-335-97-01, 50-335-97-1, 50-389-97-01, 50-389-97-1, EA-97-548, NUDOCS 9712050247 | |
| Download: ML17229A546 (8) | |
Text
CATEGORY 2 REGULATORY INFORMATION DISTRIBUTION SYSTEM (RIDS)
ACCESSION NBR-9712050247 DOC.DATE: 97/11/26 NOTARIZED: NO FACIL:50-335 St. Lucie Plant, Unit 1, Florida Power
& Light Co.
50-389 St. Lucie Plant, Unit 2, Florida Power
& Light Co.
AUTH.NAME AUTHOR AFFILIATION REYES,L.A.
Region 2 (Post 820201)
RECIP.NAME RECIPIENT AFFILIATION PLUNKETT,T.F.
Florida Power
& Light Co.
SUBJECT: Refers to insp repts 50-335/97-01
& 50-389/97-01 on 970317.
NOV issued for failure to meet requirements of 10CFR70.24, Criticality Accident Requirements.
DISTRIBUTION CODE:
ZE01D COPIES RECEIVED:LTR ENCL SIZE:
TITLE: General (50 Dkt)-Znsp Rept/Notice of Violation Response NOTES:
DOCKET 05000335 05000389 C
A RECIPIENT ID CODE/NAME PD2-3 PD INTERNAL: ACRS FiLE CENT H HHFB NRR/DRPM/PERB OE DZR RGN2 FILE
EXTERNAL: LITCO BRYCE,J H NRC PDR COPIES LTTR ENCL
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RECIPIENT ID CODE/NAME WIENS,L.
AEOD/SPD/RAB DEDRO NRR/DISP/PIPB NRR/DRPM/PECB NUDOCS-ABSTRACT OGC/HDS3 NOAC NUDOCS FULLTEXT COPIES LTTR ENCL
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'O TO ALL "RIDS" RECIPIENTS:
PLEASE HELP US TO REDUCE WASTE. TO HAVE YOUR NAME OR ORGANIZATION REMOVED FROM DISTRIBUTION LISTS OR REDUCE THE NUMBER OF COPIES RECEIVED BY YOU OR YOUR ORGANIZATION, CONTACT THE DOCUMENT CONTROL
SUBJECT:
EXERCISE OF ENFORCEMENT DISCRETION -
(NRC INTEGRATED INSPECTION
'EPORT NO 50-335, 389/97-01)
Dear Mr. Plunkett This refers to the inspection at St. Lucie described in the subject Inspection Report issued on March 17.
1997.
As a result of that inspection.
a Notice of Violation was issued for your failure to meet the requirements of 10 CFR 70.24, Criticality Accident Requirements.
The violation was for failure to have in place either a criticality monitoring system for storage and handling of new (non-irradiated)
fuel or an NRC approved exemption to the requirement.
By letter dated April 15, 1997, you denied the violation.
CFR 70.24 requires that each licensee authorized to possess more than a
small amount of special nuclear material (SNM) maintain in each area in which such material is handled, used, or stored a criticality monitoring system which will energize clearly audible alarm signals if accidental criticality occurs.
The purpose of 10 CFR 70.24 is to ensure that, if a criticality were to occur during the handling of SNM, personnel would be alerted to that fact and would take appropriate action.
Most nuclear power plant licensees were granted exemptions from 10 CFR 70.24 during the construction of thei r plants as part of the Part 70 license issued to permit the receipt of the initial core.
Generally.
these exemptions were not explicitly renewed when the Part 50 operating license was issued, which contained the combined Part 50 and Part 70 authority.
In August 1981 'he Tennessee Valley Authority (TVA), in the course of reviewing the operating licenses for its Browns Ferry facilities. noted that the exemption to 10 CFR 70.24 that had been granted during the construction phase had not been explicitly granted in the opei ating license.
By letters dated August 11.
1981
~ and August 31, 1987, TVA requested an exemption from 10 CFR 70.24.
On May 11, 1988, NRC informed TVA that "the previously issued exemptions are still in effect even though the specific provisions of the Part 70 licenses were not incorporated into the Part 50 license."
Notwithstanding the correspondence with TVA, the NRC has determined that. in cases where a
licensee received the exemption as part of the Part 70 license issued during the construction phase, both the Part 70 and Part 50 licenses should be examined to determine the status of the exemption.
The NRC view now is that unless a licensee's licensing basis specifies otherwise.
an exemption expires 97i2050247 9'7ii26 PDR ADQCK 05000335
PDR Illllllllllllllllllilllllllllllllillllll
FP&L with the expiration of the Part 70 license.
The NRC intends to amend
CFR 70.24 to provide for administrative controls in lieu of criticality monitors.
Thus.
as described in the inspection report. your facility was in violation of 10 CFR 70. 24.
Numerous other facilities have similar circumstances.
Notwithstanding your denial of the violation, the NRC has reconsidered this violation and concluded based on the information discussed above that, although a violation did existed it is appropriate to exercise enforcement discretion for Violations Involving Special Circumstances in accordance with Section VII 8.6 of the "General Statement of Policy and Procedures for NRC Enforcement Actions" (Enforcement Policy).
The bases for exercising this discretion are the lack of safety significance of the failure to meet
CFR 70.Z4; the failure of the NRC staff to recognize the need for an exemption during the licensing process; the prior NRC position on this matter documented in its letter of May 11.
1988, to TVA concerning the lack of a need for an exemption for the Browns Ferry plant; and finally, the NRC's intention to amend
CFR 70.Z4 through rulemaking to provide for administrative controls in lieu of criticality monitors.
Therefore, I have been authorized after consultation with the Director. Office of Enforcement to exercise enforcement discretion and withdraw the Notice of Violation.
Pending the amendment to 10 CFR 70.24. further enforcement action will not be taken for the failure to meet
CFR 70.24 provided you obtain an exemption to this regulation before the next receipt of fresh fuel or before the next planned movement of fresh fuel.
No response to this letter is required.
In accordance with 10 CFR 2.790 of the NRC's "Rules of Practice."
a copy of this letter will be placed in the NRC Public Document Room.
Sincerely, Original signed by Luis A. Reyes Docket Nos. 50-335.
50-389 License Nos.
J.
A. Stall Site Vice President St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach.
FL 34957 cc continued:
See page
Luis A. Reyes Regional Administrator
FPSL CC:
Continued H.
N.
Paduano, Manager Licensing and Special Programs Florida Power and Light Company P. 0.
Box 14000 Juno Beach.
FL 33408-0420 J. Scarola Plant General Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach, FL 34957 E. J.
Weinkam Licensing Manager St. Lucie Nuclear Plant 6351 South Ocean Drive Jensen Beach'L 34957 M. S.
Ross, Attorney Florida Power 5 Light P. 0.
Box 14000 Juno Beach, FL 33408-0420 John T. Butler.
Esq.
Steel, Hector and Davis 4000 Southeast Financial Center Miami, FL 33131-2398 Bill Passetti Office of Radiation Control Department of Health and Rehabilitative Services 1317 Winewood Boulevard Tallahassee, FL 32399-0700 Joe Myers, Director Division of Emergency Preparedness Department of Community Affairs 2740 Centerview Drive Tallahassee, FL 32399-2100 Douglas Anderson County Administrator St. Lucie County 2300 Virginia.Avenue Ft. Pierce, FL 34982
i
FP8L Distribution:
J.
Lieberman
~
OE B. Summers, OE:EA file (2 letterhead)
L. Wiens, NRR H. Thomas, RII G. Hopper, RII W. Mi)Per, RII PUBLIC NRC Resident Inspector U.S. Nuclear Regulatory Comm.
7585 South Highway A1A Jensen Beach.
FL 34957-2010
- See previous concurrence - attached OFFICE RI I:DRP SI GNATURE SRudisail alt RI I:DRP KLandis RI I:DRP J Johnson RII:EICS NQ:OE Per EG8 97-017 RI I:ORA RII:QIA al lett DATE 11/
/97 11/
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/97 11/
/97 COPY?
YES NO YES NO YES NO YES NO YES NO YES NO DOCINIENT NANE:
G:iSTLUCIEiLETTERSiVI09701.EED
i FP8L Distribution:
Continued NRC Resident Inspector U.S. Nuclear Regulatory Comm.
7585 South Highway AlA Jensen Beach.
FL 34957-Z010 OFFICE SIGNATURE DATE R I:DRP Udlso I I DLL 11/ 4~
/97!
ES N
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/97 YES NO RII:DRP J Johnson 11/
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/97 YES NO ABolond 11/
/97 YE NO HQ:DE Per EQI 97-017 11/
/97 YES NO C. E'v~
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11/ 2,5 /
11/
/97 YES
YES NO OFFICIAL RECORD COPY l
DOCINENT NAN.
P:XENF C.STL